LEGISLATIVE RECORD - HOUSE, January 25, 2005
ONE HUNDRED AND TWENTY-SECOND LEGISLATURE
FIRST REGULAR SESSION
9th Legislative Day
Tuesday, January 25, 2005
The House met according to adjournment and was called to order by the Speaker.
Prayer by Reverend Paul D. Basham, Interim Minister at Penney Memorial United Baptist Church, Augusta.
National Anthem by Marie Pressman, Maine State Music Theatre, Harpswell.
Pledge of Allegiance.
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At this point, a message came from the Senate, borne by Sen. Brennan of Cumberland of that Body, proposing a Joint Convention of both branches of the Legislature to be held in the Hall of the House at 6:30 in the evening for the purpose of extending to His Excellency, Governor John E. Baldacci, an invitation to attend the Convention and to make such communication as pleases him.
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Thereupon the House voted to concur in the proposal for a Joint Convention to be held at 6:30 in the evening and the Speaker appointed Representative DUPLESSIE of Westbrook to convey this message to the Senate.
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Doctors of the day, Christopher Naun, M.D., Windham and Richard Kappelmann, M.D., Auburn.
The Journal of Thursday, January 20, 2005 was read and approved.
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Representative CUMMINGS of Portland assumed the Chair.
The House was called to order by the Speaker Pro Tem.
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Subsequently, Representative DUPLESSIE of Westbrook reported that he had delivered the message with which he was charged.
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SENATE PAPERS
Bill "An Act To Change the Definition of 'Academic Medical Center'"
(S.P. 103) (L.D. 341)
Came from the Senate, REFERRED to the Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT and ordered printed.
REFERRED to the Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT in concurrence.
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Bill "An Act To Encourage Reuse of Glass Bottles"
(S.P. 104) (L.D. 342)
Came from the Senate, REFERRED to the Committee on BUSINESS, RESEARCH AND ECONOMIC DEVELOPMENT and ordered printed.
On motion of Representative SMITH of Monmouth, the Bill was REFERRED to the Committee on NATURAL RESOURCES, in non-concurrence and sent for concurrence.
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Bill "An Act To Rename the Jobs for Maine's Graduates Program To Create InspireME" (EMERGENCY)
(S.P. 109) (L.D. 347)
Came from the Senate, REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS and ordered printed.
REFERRED to the Committee on EDUCATION AND CULTURAL AFFAIRS in concurrence.
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Bill "An Act To Require That Health Care Providers Use Uniform Rates"
(S.P. 105) (L.D. 343)
Came from the Senate, REFERRED to the Committee on HEALTH AND HUMAN SERVICES and ordered printed.
REFERRED to the Committee on HEALTH AND HUMAN SERVICES in concurrence.
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Resolve, Directing the Department of Inland Fisheries and Wildlife To Review Brook Trout Fishing Rules (EMERGENCY)
(S.P. 102) (L.D. 340)
Came from the Senate, REFERRED to the Committee on INLAND FISHERIES AND WILDLIFE and ordered printed.
REFERRED to the Committee on INLAND FISHERIES AND WILDLIFE in concurrence.
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Bill "An Act To Clarify the Applicability of the Maine Consumer Credit Code to Affordable Housing Organizations"
(S.P. 100) (L.D. 338)
Bill "An Act To Amend Group Insurance Funding Requirements"
(S.P. 108) (L.D. 346)
Came from the Senate, REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES and ordered printed.
REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES in concurrence.
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Bill "An Act To Include Androscoggin County in the Law Governing the Use of County Surplus Funds"
(S.P. 101) (L.D. 339)
Came from the Senate, REFERRED to the Committee on STATE AND LOCAL GOVERNMENT and ordered printed.
REFERRED to the Committee on STATE AND LOCAL GOVERNMENT in concurrence.
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Bill "An Act To Base the Excise Tax on Motor Vehicles on the Purchase Price" (EMERGENCY)
(S.P. 107) (L.D. 345)
Came from the Senate, REFERRED to the Committee on TAXATION and ordered printed.
REFERRED to the Committee on TAXATION in concurrence.
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Pursuant to Statute
Maine Human Rights Commission
Report of the Maine Human Rights Commission pursuant to the Maine Revised Statutes, Title 5, section 4566, subsection 11 asks leave to report that the accompanying Bill "An Act Relating to Unlawful Housing Discrimination"
(S.P. 99) (L.D. 321)
Be REFERRED to the Committee on JUDICIARY and printed pursuant to Joint Rule 218.
Came from the Senate, Report READ and ACCEPTED and the Bill REFERRED to the Committee on JUDICIARY and ordered printed pursuant to Joint Rule 218.
Report was READ and ACCEPTED and the Bill REFERRED to the Committee on JUDICIARY in concurrence.
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Non-Concurrent Matter
Bill "An Act Authorizing Property Managers To Bring Eviction Actions on Behalf of Landlords"
(H.P. 206) (L.D. 281)
REFERRED to the Committee on LEGAL AND VETERANS AFFAIRS in the House on January 18, 2005.
Came from the Senate REFERRED to the Committee on JUDICIARY in NON-CONCURRENCE.
The House voted to RECEDE AND CONCUR.
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Non-Concurrent Matter
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Allow the Legislature To Authorize or Require a Growth Limitation on the Taxable Value of Small Business Land
(H.P. 221) (L.D. 296)
FAILED OF PASSAGE TO BE ENGROSSED in the House on January 20, 2005.
Came from the Senate PASSED TO BE ENGROSSED in NON-CONCURRENCE.
Representative WOODBURY of Yarmouth moved that the House RECEDE AND CONCUR.
Representative WOODBURY of Yarmouth REQUESTED a roll call on the motion to RECEDE AND CONCUR.
More than one-fifth of the members present expressed a desire for a roll call which was ordered.
The SPEAKER PRO TEM: A roll call has been ordered. The pending question before the House is to Recede and Concur. All those in favor will vote yes, those opposed will vote no.
ROLL CALL NO. 19
YEA - Adams, Ash, Babbidge, Barstow, Blanchard, Blanchette, Bliss, Brautigam, Burns, Cain, Clark, Driscoll, Dugay, Duplessie, Eberle, Farrington, Finch, Fischer, Gerzofsky, Hutton, Jennings, Kaelin, Koffman, Lerman, Lundeen, Miller, Mills, Moody, Norton, O'Brien, Paradis, Patrick, Percy, Perry, Pilon, Pineau, Pingree, Piotti, Saviello, Schatz, SmithN, Thompson, Tuttle, Twomey, Valentino, Watson, Webster, Wheeler, Woodbury.
NAY - Annis, Austin, Beaudette, Berube, Bishop, Bowen, Bowles, BrownR, Bryant, Campbell, Canavan, Carr, Cebra, Churchill, Craven, Cressey, Crosby, Crosthwaite, Curley, Curtis, Daigle, DavisG, DavisK, Duchesne, Dudley, Dunn, Duprey, Eder, Edgecomb, Faircloth, Fitts, Fletcher, Flood, Goldman, Grose, Hall, Hamper, HanleyB, HanleyS, Harlow, Hogan, Hotham, Jackson, Jacobsen, Jodrey, Joy, Lansley, Lewin, Lindell, Makas, Marean, Marraché, McCormick, McFadden, McKane, McLeod, Merrill, Millett, Moulton, Muse, Nass, Nutting, Ott, Pelletier-Simpson, Pinkham, Plummer, Rector, RichardsonD, RichardsonE, RichardsonM, RichardsonW, Robinson, Seavey, Sherman, Shields, SmithW, Stedman, Sykes, Tardy, Thomas, Trahan, Vaughan, Walcott.
ABSENT - Bierman, Brannigan, BrowneW, Bryant-Deschenes, Clough, Collins, Cummings, Emery, Fisher, Glynn, Greeley, Marley, Mazurek, McKenney, MooreG, Rines, Rosen, Sampson, Mr. Speaker.
Yes, 49; No, 83; Absent, 19; Excused, 0.
49 having voted in the affirmative and 83 voted in the negative, with 19 being absent, and accordingly the Motion to RECEDE AND CONCUR FAILED.
Subsequently, the House VOTED TO ADHERE.
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Non-Concurrent Matter
RESOLUTION, Proposing an Amendment to the Constitution of Maine To Allow the Legislature To Permit Municipalities To Adopt a Higher Property Tax Rate on Secondary Residential Property
(H.P. 220) (L.D. 295)
FAILED OF PASSAGE TO BE ENGROSSED in the House on January 20, 2005.
Came from the Senate PASSED TO BE ENGROSSED in NON-CONCURRENCE.
Representative WOODBURY of Yarmouth moved that the House RECEDE AND CONCUR.
Representative TARDY of Newport REQUESTED a roll call on the motion to RECEDE AND CONCUR.
More than one-fifth of the members present expressed a desire for a roll call which was ordered.
The SPEAKER PRO TEM: A roll call has been ordered. The pending question before the House is Recede and Concur. All those in favor will vote yes, those opposed will vote no.
ROLL CALL NO. 20
YEA - Adams, Barstow, Blanchette, Bliss, Brautigam, Burns, Cain, Dudley, Dugay, Eberle, Eder, Faircloth, Fischer, Gerzofsky, Harlow, Hutton, Koffman, Lerman, Mills, Muse, O'Brien, Patrick, Percy, Pineau, Pingree, Piotti, Saviello, Schatz, SmithN, Watson, Webster, Woodbury.
NAY - Annis, Ash, Austin, Babbidge, Beaudette, Berube, Bishop, Blanchard, Bowen, Bowles, BrownR, BrowneW, Bryant, Campbell, Canavan, Carr, Cebra, Churchill, Clark, Collins, Craven, Cressey, Crosby, Crosthwaite, Cummings, Curley, Curtis, Daigle, DavisG, DavisK, Driscoll, Duchesne, Dunn, Duplessie, Duprey, Edgecomb, Farrington, Finch, Fisher, Fitts, Fletcher, Flood, Goldman, Grose, Hall, Hamper, HanleyB, HanleyS, Hogan, Jackson, Jacobsen, Jennings, Jodrey, Joy, Kaelin, Lansley, Lewin, Lindell, Lundeen, Makas, Marean, Marley, Marraché, Mazurek, McCormick, McFadden, McKane, McKenney, McLeod, Merrill, Miller, Millett, Moody, Moulton, Nass, Norton, Nutting, Ott, Paradis, Pelletier-Simpson, Perry, Pilon, Pinkham, Plummer, Rector, RichardsonD, RichardsonE, RichardsonM, RichardsonW, Robinson, Seavey, Sherman, Shields, SmithW, Stedman, Sykes, Tardy, Thomas, Thompson, Trahan, Tuttle, Twomey, Valentino, Vaughan, Walcott, Wheeler.
ABSENT - Bierman, Brannigan, Bryant-Deschenes, Clough, Emery, Glynn, Greeley, Hotham, MooreG, Rines, Rosen, Sampson, Mr. Speaker.
Yes, 32; No, 106; Absent, 13; Excused, 0.
32 having voted in the affirmative and 106 voted in the negative, with 13 being absent, and accordingly, the Motion to RECEDE AND CONCUR FAILED.
Subsequently, the House VOTED TO ADHERE.
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Non-Concurrent Matter
Resolve, Regarding Legislative Review of Chapter 101: Establishment of the Capital Investment Fund, a Major Substantive Rule of the Governor's Office of Health Policy and Finance (EMERGENCY)
(H.P. 36) (L.D. 33)
Unanimous REFER TO THE COMMITTEE ON INSURANCE AND FINANCIAL SERVICES pursuant to the Maine Revised Statutes, Title 5, section 8072 Report of the Governor's Office of Health Policy and Finance READ and ACCEPTED and the Bill REFERRED to the Committee on INSURANCE AND FINANCIAL SERVICES in the House on January 6, 2005.
Came from the Senate with the Unanimous REFER TO THE COMMITTEE ON INSURANCE AND FINANCIAL SERVICES pursuant to the Maine Revised Statutes, Title 5, section 8072 Report of the Governor's Office of Health Policy and Finance READ and REJECTED and the Bill REFERRED to the Committee on HEALTH AND HUMAN SERVICES in NON-CONCURRENCE.
The House voted to RECEDE AND CONCUR.
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COMMUNICATIONS
The Following Communication: (H.C. 33)
STATE OF MAINE
122ND MAINE LEGISLATURE
December 15, 2004
Honorable John E. Baldacci
Governor of Maine
1 State House Station
Augusta, Maine 04333
Dear Governor Baldacci:
We are pleased to invite you to deliver the State of the State address at a Joint Session of the 122nd Maine Legislature on Tuesday, January 25, 2005 at 7:00 p.m.
We look forward to seeing you then.
Sincerely,
S/Beth G. Edmonds
President of the Senate
S/John Richardson
Speaker of the House
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 34)
STATE OF MAINE
OFFICE OF THE GOVERNOR
1 STATE HOUSE STATION
AUGUSTA, MAINE 04333-0001
December 16, 2004
The Honorable Beth G. Edmonds
President of the Senate
3 State House Station
Augusta, Maine 04333
The Honorable John Richardson
Speaker of the House
2 State House Station
Augusta, Maine 04333
Dear President Edmonds and Speaker Richardson:
It is my pleasure to accept your invitation to deliver the State of the State Address at a Joint Session of the 122nd Maine Legislature on Tuesday, January 25, 2005, at 7:00 p.m.
I look forward to seeing you then.
Sincerely,
S/John E. Baldacci
Governor
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 35)
STATE OF MAINE
HOUSE OF REPRESENTATIVES
SPEAKER'S OFFICE
AUGUSTA, MAINE 04333-0002
January 21, 2005
Honorable Millicent M. MacFarland
Clerk of the House
2 State House Station
Augusta, ME 04333
Dear Clerk MacFarland:
Pursuant to my authority under Joint Rule 371, I hereby appoint the following Representatives to serve as members of the Government Oversight Committee, the committee having oversight responsibility for the Office of Program Evaluation and Government Accountability:
Representative Edward R. Dugay of Cherryfield, Chair
Representative Lillian LaFontaine O'Brien of Lewiston
Representative Marilyn E. Canavan of Waterville
Representative A. David Trahan of Waldoboro
Representative Robert H. Crosthwaite of Ellsworth
Representative Ronald F. Collins of Wells
Please feel free to contact me if you have any questions regarding these appointments.
Sincerely,
S/John Richardson
Speaker of the House
READ and ORDERED PLACED ON FILE.
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The Following Communication: (H.C. 32)
STATE OF MAINE
DEPARTMENT OF PROFESSIONAL
AND FINANCIAL REGULATION
BUREAU OF FINANCIAL INSTITUTIONS
36 STATE HOUSE STATION
AUGUSTA, MAINE 04333-0036
January 18, 2005
The Honorable John Richardson
Speaker of the House
Maine House of Representatives
2 State House Station
Augusta, Maine 04333
Dear Speaker Richardson:
In accordance with Title 9-B MRSA subsection 217, as amended, enclosed please find a copy of the "Annual Report from the Superintendent of the Bureau of Financial Institutions to the Legislature." In addition to the annual statistical information, the Report also includes informational segments which often address issues of current importance to the Legislature, the Executive Branch, and the Maine financial institution community.
If you or your staff have any questions regarding the information contained in this Report, the Bureau would be pleased to respond. This Report will also be available in electronic format on the Bureau of Financial Institution’s web site at MaineBankingReg.org.
Very truly yours,
S/Colette L. Mooney
Acting Superintendent
READ and with accompanying papers ORDERED PLACED ON FILE.
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The Following Communication: (S.P. 98)
122ND LEGISLATURE
January 18, 2005
Sen. Barry Hobbins
Senate Chair, Joint Standing Committee on Judiciary
Rep. Deborah Pelletier-Simpson
House Chair, Joint Standing Committee on Judiciary
122nd Legislature
Augusta, ME 04333
Dear Senator Hobbins and Representative Pelletier-Simpson:
Please be advised that Governor John E. Baldacci has nominated Kristin Aiello of Hallowell for appointment and Jadine O’Brien of Portland for reappointment as members of the Maine Human Rights Commission.
Pursuant to Title 5 M.R.S.A. §4561, these nominations will require review by the Joint Standing Committee on Judiciary.
Sincerely,
S/Beth Edmonds
President of the Senate
S/John Richardson
Speaker of the House
Came from the Senate, READ and REFERRED to the Committee on JUDICIARY.
READ and REFERRED to the Committee on JUDICIARY in concurrence.
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PETITIONS, BILLS AND RESOLVES REQUIRING REFERENCE
The following Bills, Resolves and Resolution were received, and upon the recommendation of the Committee on Reference of Bills were REFERRED to the following Committees, ordered printed and sent for concurrence: